Environmental Counterclaims in Investment Arbitration Environmental Counterclaims in Investment Arbitration
European Yearbook of International Economic Law

Environmental Counterclaims in Investment Arbitration

Deconstructing the Requirements of Jurisdiction, Connection and Cause of Action

    • 129,99 €
    • 129,99 €

Publisher Description

This book critically analyses the availability of environmental counterclaims in investment arbitration presented by the respondent host state against the claimant investor. It starts from the premise that the conflicting relation between investment law and environmental protection cannot always be avoided. Yet, the instrument of environmental counterclaims in investment arbitration might alleviate such relation. Throughout its chapters, this book addresses the questions about the societal and practical relevance of seeking redress for environmental damage in investment arbitration, the functioning of such instrument both in contract-based and treaty-based investment arbitration, the suitability of arbitral tribunals to rule upon environmental issues, and the kind of environmental damages that could be redressed. Most importantly, by deconstructing the requirements of jurisdiction, connection between main claim and counterclaim, and cause of action, this book provides the tools for there-conceptualisation of the instrument of counterclaims with the hope of harnessing its utility to achieve appropriate redress for environmental damages caused by foreign investors.

GENRE
Professional & Technical
RELEASED
2023
7 December
LANGUAGE
EN
English
LENGTH
332
Pages
PUBLISHER
Springer Nature Switzerland
SIZE
7.8
MB

Other Books in This Series

Public Actors in International Investment Law Public Actors in International Investment Law
2021
New Frontiers for EU Investment Policy New Frontiers for EU Investment Policy
2023
International Economic Law International Economic Law
2023
Mediating Sovereign Debt Disputes Mediating Sovereign Debt Disputes
2023
The Technological Competence of Arbitrators The Technological Competence of Arbitrators
2023
Fragmentation of International Trade Law Reassessed Fragmentation of International Trade Law Reassessed
2023